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19 U.S.C. § 2463 — Designation of eligible articles
Federal law — U.S. Code and appendices · legal_authorities
Page 697
TITLE 19—CUSTOMS DUTIES
§ 2463
(2) Notification of termination
If the President has designated any country
as a beneficiary developing country under this
subchapter, the President shall not terminate
such designation unless, at least 60 days before
such termination, the President has notified
the Congress and has notified such country of
the President’s intention to terminate such
designation, together with the considerations
entering into such decision.
(Pub. L. 93–618, title V, § 502, as added Pub. L.
104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat.
1917; amended Pub. L. 104–295, § 35(a), Oct. 11,
1996, 110 Stat. 3538; Pub. L. 106–200, title IV,
§ 412(a), May 18, 2000, 114 Stat. 298; Pub. L.
107–210, div. D, title XLI, § 4102(a), Aug. 6, 2002,
116 Stat. 1040.)
Editorial Notes
REFERENCES IN TEXT
Section 4605(j)(1)(A) of title 50, referred to in subsec.
(b)(2)(F), was repealed by Pub. L. 115–232, div. A, title
XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provi-
sions similar to those of former section 4605(j)(1)(A) of
title 50, see section 4813(c)(1)(A)(i) of title 50, as enacted
by Pub. L. 115–232.
PRIOR PROVISIONS
A prior section 2462, Pub. L. 93–618, title V,
§ 502(a)–(c), (e), Jan. 3, 1975, 88 Stat. 2066–2069; Pub. L.
94–455, title XVIII, § 1802, Oct. 4, 1976, 90 Stat. 1763; Pub.
L. 96–39, title XI, §§ 1106(g)(1), (2), 1111(a)(1), (2), July 26,
1979, 93 Stat. 312, 313, 315; Pub. L. 98–573, title V, § 503,
Oct. 30, 1984, 98 Stat. 3019; Pub. L. 99–47, § 8(b)(2), June
11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII,
§ 1887(a)(5), Oct. 22, 1986, 100 Stat. 2923; Pub. L. 99–570,
title IX, § 9002(a), Oct. 27, 1986, 100 Stat. 3207–166; Pub. L.
101–179, title III, § 301, Nov. 28, 1989, 103 Stat. 1311; Pub.
L. 101–382,
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Page 697
TITLE 19—CUSTOMS DUTIES
§ 2463
(2) Notification of termination
If the President has designated any country
as a beneficiary developing country under this
subchapter, the President shall not terminate
such designation unless, at least 60 days before
such termination, the President has notified
the Congress and has notified such country of
the President’s intention to terminate such
designation, together with the considerations
entering into such decision.
(Pub. L. 93–618, title V, § 502, as added Pub. L.
104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat.
1917; amended Pub. L. 104–295, § 35(a), Oct. 11,
1996, 110 Stat. 3538; Pub. L. 106–200, title IV,
§ 412(a), May 18, 2000, 114 Stat. 298; Pub. L.
107–210, div. D, title XLI, § 4102(a), Aug. 6, 2002,
116 Stat. 1040.)
Editorial Notes
REFERENCES IN TEXT
Section 4605(j)(1)(A) of title 50, referred to in subsec.
(b)(2)(F), was repealed by Pub. L. 115–232, div. A, title
XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provi-
sions similar to those of former section 4605(j)(1)(A) of
title 50, see section 4813(c)(1)(A)(i) of title 50, as enacted
by Pub. L. 115–232.
PRIOR PROVISIONS
A prior section 2462, Pub. L. 93–618, title V,
§ 502(a)–(c), (e), Jan. 3, 1975, 88 Stat. 2066–2069; Pub. L.
94–455, title XVIII, § 1802, Oct. 4, 1976, 90 Stat. 1763; Pub.
L. 96–39, title XI, §§ 1106(g)(1), (2), 1111(a)(1), (2), July 26,
1979, 93 Stat. 312, 313, 315; Pub. L. 98–573, title V, § 503,
Oct. 30, 1984, 98 Stat. 3019; Pub. L. 99–47, § 8(b)(2), June
11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII,
§ 1887(a)(5), Oct. 22, 1986, 100 Stat. 2923; Pub. L. 99–570,
title IX, § 9002(a), Oct. 27, 1986, 100 Stat. 3207–166; Pub. L.
101–179, title III, § 301, Nov. 28, 1989, 103 Stat. 1311; Pub.
L. 101–382, title I, § 131, Aug. 20, 1990, 104 Stat. 643; Pub.
L. 103–66, title XIII, § 13802(a), Aug. 10, 1993, 107 Stat. 667;
Pub. L. 103–149, § 4(b)(9), Nov. 23, 1993, 107 Stat. 1506, re-
lated to beneficiary developing countries, prior to the
general amendment of this subchapter by Pub. L.
104–188.
AMENDMENTS
2002—Subsec. (b)(2)(F). Pub. L. 107–210 inserted ‘‘or
such country has not taken steps to support the efforts
of the United States to combat terrorism’’ before pe-
riod at end.
2000—Subsec. (b)(2). Pub. L. 106–200, § 412(a)(2), in con-
cluding provisions substituted ‘‘(G), and (H) (to the ex-
tent described in section 2467(6)(D) of this title)’’ for
‘‘and (G)’’.
Subsec. (b)(2)(H). Pub. L. 106–200, § 412(a)(1), added
subpar. (H).
1996—Subsec. (b)(2)(F). Pub. L. 104–295, amended sub-
par. (F) generally. Prior to amendment, subpar. (F)
read as follows: ‘‘Such country aids or abets, by grant-
ing sanctuary from prosecution to, any individual or
group which has committed an act of international ter-
rorism.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–295, § 35(b), Oct. 11, 1996, 110 Stat. 3538, pro-
vided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect on October 1,
1996.’’
EFFECTIVE DATE
Section applicable to articles entered on or after Oct.
1, 1996, with provisions relating to retroactive applica-
tion, see section 1953 of Pub. L. 104–188, set out as a
note under section 2461 of this title.
Executive Documents
DELEGATION OF FUNCTIONS
Proc. No. 6942, Oct. 17, 1996, 61 F.R. 54719, provided in
par. (5) that powers of the President granted in subsec.
(f)(2) of this section to notify a country of the Presi-
dent’s intention to terminate that country’s status as
a beneficiary developing country for purposes of the
Generalized System of Preferences were delegated to
the United States Trade Representative.
§ 2463. Designation of eligible articles
(a) Eligible articles
(1) Designation
(A) In general
Except as provided in subsection (b), the
President is authorized to designate articles
as eligible articles from all beneficiary de-
veloping countries for purposes of this sub-
chapter by Executive order or Presidential
proclamation after receiving the advice of
the International Trade Commission in ac-
cordance with subsection (e).
(B) Least-developed beneficiary developing
countries
Except for articles described in subpara-
graphs (A), (B), and (E) of subsection (b)(1)
and articles described in paragraphs (2) and
(3) of subsection (b), the President may, in
carrying out section 2462(d)(1) of this title
and subsection (c)(1) of this section, des-
ignate articles as eligible articles only for
countries designated as least-developed ben-
eficiary developing countries under section
2462(a)(2) of this title if, after receiving the
advice of the International Trade Commis-
sion in accordance with subsection (e) of this
section, the President determines that such
articles are not import-sensitive in the con-
text of imports from least-developed bene-
ficiary developing countries.
(C) Three-year rule
If, after receiving the advice of the Inter-
national
Trade
Commission
under
sub-
section (e), an article has been formally con-
sidered for designation as an eligible article
under this subchapter and denied such des-
ignation, such article may not be reconsid-
ered for such designation for a period of 3
years after such denial.
(2) Rule of origin
(A) General rule
The duty-free treatment provided under
this subchapter shall apply to any eligible
article which is the growth, product, or man-
ufacture of a beneficiary developing country
if—
(i) that article is imported directly from
a beneficiary developing country into the
customs territory of the United States;
and
(ii) the sum of—
(I) the cost or value of the materials
produced in the beneficiary developing
country or any two or more such coun-
Page 698
TITLE 19—CUSTOMS DUTIES
§ 2463
1 See References in Text note below.
2 So in original. Two pars. (5) have been enacted.
tries that are members of the same asso-
ciation of countries and are treated as
one country under section 2467(2) of this
title, plus
(II) the direct costs of processing oper-
ations performed in such beneficiary de-
veloping country or such member coun-
tries,
is not less than 35 percent of the appraised
value of such article at the time it is en-
tered.
(B) Exclusions
An article shall not be treated as the
growth, product, or manufacture of a bene-
ficiary developing country by virtue of hav-
ing merely undergone—
(i) simple combining or packaging oper-
ations, or
(ii) mere dilution with water or mere di-
lution with another substance that does
not materially alter the characteristics of
the article.
(3) Regulations
The Secretary of the Treasury, after con-
sulting with the United States Trade Rep-
resentative, shall prescribe such regulations
as may be necessary to carry out paragraph
(2), including, but not limited to, regulations
providing that, in order to be eligible for duty-
free treatment under this subchapter, an arti-
cle—
(A) must be wholly the growth, product, or
manufacture of a beneficiary developing
country, or
(B) must be a new or different article of
commerce which has been grown, produced,
or manufactured in the beneficiary devel-
oping country.
(b) Articles that may not be designated as eligi-
ble articles
(1) Import-sensitive articles
The President may not designate any article
as an eligible article under subsection (a) if
such article is within one of the following cat-
egories of import-sensitive articles:
(A) Except as provided in paragraphs (4)
and (5),1 textile and apparel articles which
were not eligible articles for purposes of this
subchapter on January 1, 1994, as this sub-
chapter was in effect on such date.
(B) Watches, except those watches entered
after June 30, 1989, that the President spe-
cifically determines, after public notice and
comment, will not cause material injury to
watch or watch band, strap, or bracelet man-
ufacturing and assembly operations in the
United States or the United States insular
possessions.
(C) Import-sensitive electronic articles.
(D) Import-sensitive steel articles.
(E) Except as provided in paragraph (5),1
footwear, handbags, luggage, flat goods,
work gloves, and leather wearing apparel
which were not eligible articles for purposes
of this subchapter on January 1, 1995, as this
subchapter was in effect on such date.
(F)
Import-sensitive
semimanufactured
and manufactured glass products.
(G) Any other articles which the President
determines to be import-sensitive in the
context of the Generalized System of Pref-
erences.
(2) Articles against which other actions taken
An article shall not be an eligible article for
purposes of this subchapter for any period dur-
ing which such article is the subject of any ac-
tion proclaimed pursuant to section 2253 of
this title or section 1862 or 1981 of this title.
(3) Agricultural products
No quantity of an agricultural product sub-
ject to a tariff-rate quota that exceeds the in-
quota quantity shall be eligible for duty-free
treatment under this subchapter.
(4) Certain hand-knotted or hand-woven car-
pets
Notwithstanding paragraph (1)(A), the Presi-
dent may designate as an eligible article or ar-
ticles under subsection (a) carpets or rugs
which are hand-loomed, hand-woven, hand-
hooked, hand-tufted, or hand-knotted, and
classifiable
under
subheading
5701.10.16,
5701.10.40,
5701.90.10,
5701.90.20,
5702.10.90,
5702.42.20,
5702.49.10,
5702.51.20,
5702.91.30,
5702.92.00, 5702.99.10, 5703.10.00, 5703.20.10, or
5703.30.00 of the Harmonized Tariff Schedule of
the United States.
(5) 2 Certain cotton articles
Notwithstanding paragraph (3), the Presi-
dent may designate as an eligible article or ar-
ticles under subsection (a)(1)(B) only for coun-
tries designated as least-developed beneficiary
developing countries under section 2462(a)(2) of
this title cotton articles classifiable under
subheading
5201.00.18,
5201.00.28,
5201.00.38,
5202.99.30, or 5203.00.30 of the Harmonized Tar-
iff Schedule of the United States.
(5) 2 Certain luggage and travel articles
Notwithstanding subparagraph (A) or (E) of
paragraph (1), the President may designate the
following as eligible articles under subsection
(a):
(A) Articles classifiable under subheading
4202.11.00,
4202.12.40,
4202.21.60,
4202.21.90,
4202.22.15,
4202.22.45,
4202.31.60,
4202.32.40,
4202.32.80, 4202.92.15, 4202.92.20, 4202.92.45, or
4202.99.90 of the Harmonized Tariff Schedule
of the United States.
(B) Articles classifiable under statistical
reporting number 4202.12.2020, 4202.12.2050,
4202.12.8030,
4202.12.8070,
4202.22.8050,
4202.32.9550,
4202.32.9560,
4202.91.0030,
4202.91.0090,
4202.92.3020,
4202.92.3031,
4202.92.3091, 4202.92.9026, or 4202.92.9060 of the
Harmonized Tariff Schedule of the United
States, as such statistical reporting numbers
are in effect on June 29, 2015.
(c) Withdrawal, suspension, or limitation of duty-
free treatment; competitive need limitation
(1) In general
The President may withdraw, suspend, or
limit the application of the duty-free treat-
Page 699
TITLE 19—CUSTOMS DUTIES
§ 2463
ment accorded under this subchapter with re-
spect to any article, except that no rate of
duty may be established with respect to any
article pursuant to this subsection other than
the rate which would apply but for this sub-
chapter. In taking any action under this sub-
section, the President shall consider the fac-
tors set forth in sections 2461 and 2462(c) of
this title.
(2) Competitive need limitation
(A) Basis for withdrawal of duty-free treat-
ment
(i) In general
Except as provided in clause (ii) and sub-
ject to subsection (d), whenever the Presi-
dent determines that a beneficiary devel-
oping country has exported (directly or in-
directly) to the United States during any
calendar year beginning after December 31,
1995—
(I) a quantity of an eligible article hav-
ing an appraised value in excess of the
applicable amount for the calendar year,
or
(II) a quantity of an eligible article
equal to or exceeding 50 percent of the
appraised value of the total imports of
that article into the United States dur-
ing any calendar year,
the President shall, not later than Novem-
ber 1 of the next calendar year, terminate
the duty-free treatment for that article
from that beneficiary developing country.
(ii)
Annual
adjustment
of
applicable
amount
For purposes of applying clause (i), the
applicable amount is—
(I) for 1996, $75,000,000, and
(II) for each calendar year thereafter,
an amount equal to the applicable
amount in effect for the preceding cal-
endar year plus $5,000,000.
(B) ‘‘Country’’ defined
For purposes of this paragraph, the term
‘‘country’’ does not include an association of
countries which is treated as one country
under section 2467(2) of this title, but does
include a country which is a member of any
such association.
(C) Redesignations
A country which is no longer treated as a
beneficiary developing country with respect
to an eligible article by reason of subpara-
graph (A) may, subject to the considerations
set forth in sections 2461 and 2462 of this
title, be redesignated a beneficiary devel-
oping country with respect to such article if
imports of such article from such country
did not exceed the limitations in subpara-
graph (A) during the preceding calendar
year.
(D) Least-developed beneficiary developing
countries and beneficiary sub-Saharan
African countries
Subparagraph (A) shall not apply to any
least-developed beneficiary developing coun-
try or any beneficiary sub-Saharan African
country.
(E) Articles not produced in the United
States excluded
Subparagraph (A)(i)(II) shall not apply
with respect to any eligible article if a like
or directly competitive article was not pro-
duced in the United States in any of the pre-
ceding 3 calendar years.
(F) De minimis waivers
(i) In general
The President may disregard subpara-
graph (A)(i)(II) with respect to any eligible
article from any beneficiary developing
country if the aggregate appraised value of
the imports of such article into the United
States during the preceding calendar year
does not exceed the applicable amount for
such preceding calendar year.
(ii) Applicable amount
For purposes of applying clause (i), the
applicable amount is—
(I) for calendar year 1996, $13,000,000,
and
(II) for each calendar year thereafter,
an amount equal to the applicable
amount in effect for the preceding cal-
endar year plus $500,000.
(d) Waiver of competitive need limitation
(1) In general
The President may waive the application of
subsection (c)(2) with respect to any eligible
article of any beneficiary developing country
if, before November 1 of the calendar year be-
ginning after the calendar year for which a de-
termination described in subsection (c)(2)(A)
was made with respect to such eligible article,
the President—
(A) receives the advice of the International
Trade Commission under section 1332 of this
title on whether any industry in the United
States is likely to be adversely affected by
such waiver,
(B) determines, based on the consider-
ations described in sections 2461 and 2462(c)
of this title and the advice described in sub-
paragraph (A), that such waiver is in the na-
tional economic interest of the United
States, and
(C) publishes the determination described
in subparagraph (B) in the Federal Register.
(2) Considerations by the President
In making any determination under para-
graph (1), the President shall give great
weight to—
(A) the extent to which the beneficiary de-
veloping country has assured the United
States that such country will provide equi-
table and reasonable access to the markets
and basic commodity resources of such coun-
try, and
(B) the extent to which such country pro-
vides adequate and effective protection of in-
tellectual property rights.
(3) Other bases for waiver
The President may waive the application of
subsection (c)(2) if, before November 1 of the
calendar year beginning after the calendar
year for which a determination described in
Page 700
TITLE 19—CUSTOMS DUTIES
§ 2463
subsection (c)(2) was made with respect to a
beneficiary developing country, the President
determines that—
(A) there has been a historical preferential
trade
relationship
between
the
United
States and such country,
(B) there is a treaty or trade agreement in
force covering economic relations between
such country and the United States, and
(C) such country does not discriminate
against, or impose unjustifiable or unreason-
able barriers to, United States commerce,
and the President publishes that determina-
tion in the Federal Register.
(4) Limitations on waivers
(A) In general
The President may not exercise the waiver
authority under this subsection with respect
to a quantity of an eligible article entered
during any calendar year beginning after
1995, the aggregate appraised value of which
equals or exceeds 30 percent of the aggregate
appraised value of all articles that entered
duty-free under this subchapter during the
preceding calendar year.
(B) Other waiver limits
(i) The President may not exercise the
waiver authority provided under this sub-
section with respect to a quantity of an eli-
gible article entered during any calendar
year beginning after 1995, the aggregate ap-
praised value of which exceeds 15 percent of
the aggregate appraised value of all articles
that have entered duty-free under this sub-
chapter during the preceding calendar year
from those beneficiary developing countries
which for the preceding calendar year—
(I) had a per capita gross national prod-
uct (calculated on the basis of the best
available information, including that of
the International Bank for Reconstruction
and Development) of $5,000 or more; or
(II) had exported (either directly or indi-
rectly) to the United States a quantity of
articles that was duty-free under this sub-
chapter that had an aggregate appraised
value of more than 10 percent of the aggre-
gate appraised value of all articles that en-
tered duty-free under this subchapter dur-
ing that year.
(ii) Not later than November 1 of each
year, the President should revoke any waiv-
er that has then been in effect with respect
to an article for 5 years or more if the bene-
ficiary developing country has exported to
the United States (directly or indirectly)
during the preceding calendar year a quan-
tity of the article—
(I) having an appraised value in excess of
1.5 times the applicable amount set forth
in subsection (c)(2)(A)(ii) for that calendar
year; or
(II) exceeding 75 percent of the appraised
value of the total imports of that article
into the United States during that cal-
endar year.
(C) Calculation of limitations
There shall be counted against the limita-
tions imposed under subparagraphs (A) and
(B) for any calendar year only that value of
any eligible article of any country that—
(i) entered duty-free under this sub-
chapter during such calendar year; and
(ii) is in excess of the value of that arti-
cle that would have been so entered during
such calendar year if the limitations under
subsection (c)(2)(A) applied.
(5) Effective period of waiver
Any waiver granted under this subsection
shall remain in effect until the President de-
termines that such waiver is no longer war-
ranted due to changed circumstances.
(e) International Trade Commission advice
Before designating articles as eligible articles
under subsection (a)(1), the President shall pub-
lish and furnish the International Trade Com-
mission with lists of articles which may be con-
sidered for designation as eligible articles for
purposes of this subchapter. The provisions of
sections 2151, 2152, 2153, and 2154 of this title
shall be complied with as though action under
section 2461 of this title and this section were
action under section 2133 of this title to carry
out a trade agreement entered into under sec-
tion 2133 of this title.
(f) Special rule concerning Puerto Rico
No action under this subchapter may affect
any tariff duty imposed by the Legislature of
Puerto Rico pursuant to section 1319 of this title
on coffee imported into Puerto Rico.
(Pub. L. 93–618, title V, § 503, as added Pub. L.
104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat.
1921; amended Pub. L. 106–36, title I, § 1001(a)(7),
June 25, 1999, 113 Stat. 130; Pub. L. 106–200, title
I, § 111(b), May 18, 2000, 114 Stat. 258; Pub. L.
108–429, title I, § 1555(a), (b), Dec. 3, 2004, 118 Stat.
2578, 2579; Pub. L. 109–432, div. D, title VIII,
§ 8001, Dec. 20, 2006, 120 Stat. 3195; Pub. L. 114–27,
title II, §§ 202, 204, June 29, 2015, 129 Stat. 372;
Pub. L. 115–141, div. M, title V, § 502, Mar. 23,
2018, 132 Stat. 1051.)
Editorial Notes
REFERENCES IN TEXT
Paragraph (5), referred to in subsec. (b)(1)(A), (E),
probably means the subsec. (b)(5) relating to certain
luggage and travel articles because section 204 of Pub.
L. 114–27 added such par. (5) as well as those references.
See 2015 Amendment notes below.
The Harmonized Tariff Schedule of the United States,
referred to in subsec. (b)(4), (5), is not set out in the
Code. See Publication of Harmonized Tariff Schedule
note set out under section 1202 of this title.
PRIOR PROVISIONS
A prior section 2463, Pub. L. 93–618, title V, § 503, Jan.
3, 1975, 88 Stat. 2069; Pub. L. 96–39, title XI, § 1111(a)(3),
July 26, 1979, 93 Stat. 315; Pub. L. 98–573, title V, § 504,
Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99–47, § 8(b)(2), June
11, 1985, 99 Stat. 85; Pub. L. 99–514, title XVIII, § 1889(7),
Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100–418, title I, § 1903,
Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101–382, title II,
§ 226, Aug. 20, 1990, 104 Stat. 660; Pub. L. 103–465, title IV,
§ 404(e)(3), Dec. 8, 1994, 108 Stat. 4961, related to eligible
articles, prior to the general amendment of this sub-
chapter by Pub. L. 104–188.
AMENDMENTS
2018—Subsec. (c)(2)(A)(i). Pub. L. 115–141, § 502(1)(A),
substituted ‘‘November 1’’ for ‘‘July 1’’ in concluding
provisions.
Page 701
TITLE 19—CUSTOMS DUTIES
§ 2465
Subsec. (c)(2)(E). Pub. L. 115–141, § 502(1)(B), sub-
stituted ‘‘in any of the preceding 3 calendar years’’ for
‘‘on January 1, 1995’’.
Subsec. (d)(1), (3), (4)(B)(ii). Pub. L. 115–141, § 502(2),
substituted ‘‘November 1’’ for ‘‘July 1’’.
2015—Subsec. (b)(1)(A). Pub. L. 114–27, § 204(1), sub-
stituted ‘‘paragraphs (4) and (5)’’ for ‘‘paragraph (4)’’.
Subsec. (b)(1)(E). Pub. L. 114–27, § 204(2), substituted
‘‘Except as provided in paragraph (5), footwear’’ for
‘‘Footwear’’.
Subsec. (b)(5). Pub. L. 114–27, § 204(3), which directed
amendment of subsec. (b)(1) by adding par. (5), relating
to certain luggage and travel articles, at the end, was
executed by adding such par. (5) at the end of subsec.
(b), to reflect the probable intent of Congress.
Pub. L. 114–27, § 202, added par. (5) relating to certain
cotton articles.
2006—Subsec. (d)(4)(B). Pub. L. 109–432 designated ex-
isting provisions as cl. (i), redesignated former cls. (i)
and (ii) as subcls. (I) and (II), respectively, and added
cl. (ii).
2004—Subsec. (b)(1)(A). Pub. L. 108–429, § 1555(b), sub-
stituted ‘‘Except as provided in paragraph (4), textile’’
for ‘‘Textile’’.
Subsec. (b)(4). Pub. L. 108–429, § 1555(a), added par. (4).
2000—Subsec. (c)(2)(D). Pub. L. 106–200 amended head-
ing and text of subpar. (D) generally. Prior to amend-
ment, text read as follows: ‘‘Subparagraph (A) shall not
apply to any least-developed beneficiary developing
country.’’
1999—Subsec. (a)(2)(A)(ii). Pub. L. 106–36 added subcl.
(II) and concluding provisions and struck out former
subcl. (II) which read as follows: ‘‘the direct costs of
processing operations performed in such beneficiary de-
veloping country or such member countries, is not less
than 35 percent of the appraised value of such article at
the time it is entered.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–429, title I, § 1555(c), Dec. 3, 2004, 118 Stat.
2579, provided that: ‘‘The amendments made by sub-
sections (a) and (b) [amending this section] shall apply
to any article entered, or withdrawn from warehouse
for consumption, on or after the date on which the
President makes a designation with respect to the arti-
cle under section 503(b)(4) of the Trade Act of 1974 [sub-
sec. (b)(4) of this section], as added by subsection (a).’’
EFFECTIVE DATE
Section applicable to articles entered on or after Oct.
1, 1996, with provisions relating to retroactive applica-
tion, see section 1953 of Pub. L. 104–188, set out as a
note under section 2461 of this title.
APPLICATION
OF
COMPETITIVE
NEED
LIMITATION
AND
WAIVER
UNDER
GENERALIZED
SYSTEM
OF
PREF-
ERENCES WITH RESPECT TO ARTICLES OF BENEFICIARY
DEVELOPING
COUNTRIES
EXPORTED
TO
THE
UNITED
STATES DURING CALENDAR YEAR 2014
Pub. L. 114–27, title II, § 203, June 29, 2015, 129 Stat.
372, provided that:
‘‘(a) IN GENERAL.—For purposes of applying and ad-
ministering subsections (c)(2) and (d) of section 503 of
the Trade Act of 1974 (19 U.S.C. 2463) with respect to an
article described in subsection (b) of this section, sub-
sections (c)(2) and (d) of section 503 of such Act shall be
applied and administered by substituting ‘October 1’ for
‘July 1’ each place such date appears.
‘‘(b) ARTICLE DESCRIBED.—An article described in this
subsection is an article of a beneficiary developing
country that is designated by the President as an eligi-
ble article under subsection (a) of section 503 of the
Trade Act of 1974 (19 U.S.C. 2463) and with respect to
which a determination described in subsection (c)(2)(A)
of such section was made with respect to exports (di-
rectly or indirectly) to the United States of such eligi-
ble article during calendar year 2014 by the beneficiary
developing country.’’
§ 2464. Review and report to Congress
The President shall submit an annual report
to the Congress on the status of internationally
recognized worker rights within each bene-
ficiary developing country, including the find-
ings of the Secretary of Labor with respect to
the beneficiary country’s implementation of its
international commitments to eliminate the
worst forms of child labor.
(Pub. L. 93–618, title V, § 504, as added Pub. L.
104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat.
1925; amended Pub. L. 106–200, title IV, § 412(c),
May 18, 2000, 114 Stat. 299.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2464, Pub. L. 93–618, title V, § 504, Jan.
3, 1975, 88 Stat. 2070; Pub. L. 96–39, title XI, §§ 1106(g)(3),
1111(a)(4), July 26, 1979, 93 Stat. 313, 315; Pub. L. 98–573,
title V, § 505, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99–47,
§ 8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99–514, title
XVIII, § 1887(a)(6), Oct. 22, 1986, 100 Stat. 2923, related to
limitations on preferential treatment, prior to the gen-
eral amendment of this subchapter by Pub. L. 104–188.
AMENDMENTS
2000—Pub. L. 106–200 inserted before period at end
‘‘, including the findings of the Secretary of Labor with
respect to the beneficiary country’s implementation of
its international commitments to eliminate the worst
forms of child labor’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to articles entered on or after Oct.
1, 1996, with provisions relating to retroactive applica-
tion, see section 1953 of Pub. L. 104–188, set out as a
note under section 2461 of this title.
§ 2465. Date of termination
No duty-free treatment provided under this
subchapter shall remain in effect after Decem-
ber 31, 2020.
(Pub. L. 93–618, title V, § 505, as added Pub. L.
104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat.
1925; amended Pub. L. 105–34, title IX, § 981(a),
Aug. 5, 1997, 111 Stat. 902; Pub. L. 105–277, div. J,
title I, § 1011(a), Oct. 21, 1998, 112 Stat. 2681–900;
Pub. L. 106–170, title V, § 508(a), Dec. 17, 1999, 113
Stat. 1923; Pub. L. 107–210, div. D, title XLI,
§ 4101(a), Aug. 6, 2002, 116 Stat. 1040; Pub. L.
109–432, div. D, title VIII, § 8002, Dec. 20, 2006, 120
Stat. 3195; Pub. L. 110–436, § 4, Oct. 16, 2008, 122
Stat. 4981; Pub. L. 111–124, § 1, Dec. 28, 2009, 123
Stat. 3484; Pub. L. 112–40, § 1(a), Oct. 21, 2011, 125
Stat. 401; Pub. L. 114–27, title II, § 201(a), June 29,
2015, 129 Stat. 371; Pub. L. 115–141, div. M, title V,
§ 501(a), Mar. 23, 2018, 132 Stat. 1050.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2465, Pub. L. 93–618, title V, § 505, Jan.
3, 1975, 88 Stat. 2071; Pub. L. 98–573, title V, § 506(a), Oct.
30, 1984, 98 Stat. 3023; Pub. L. 103–66, title XIII,
§ 13802(b)(1), Aug. 10, 1993, 107 Stat. 667; Pub. L. 103–465,
title VI, § 601(a), Dec. 8, 1994, 108 Stat. 4990, related to
termination of duty-free treatment and reports, prior
to the general amendment of this subchapter by Pub.
L. 104–188.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The President may provide duty-free treatment for any eligible article from any beneficiary developing country in accordance with the provisions of this subchapter. In taking any such action, the President shall have due regard for—
(1) the effect such action will have on furthering the economic development of developing countries through the expansion of their exports;
(2) the extent to which other major developed countries are undertaking a comparable effort to assist developing countries by granting generalized preferences with respect to imports of products of such countries;
(3) the anticipated impact of such action on United States producers of like or directly competitive products; and
(4) the extent of the beneficiary developing country’s competitiveness with respect to eligible articles.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2463
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.